14 FLRA No. 30
PUGET SOUND NAVAL SHIPYARD,
DEPARTMENT OF THE NAVY,
BREMERTON, WASHINGTON
Activity
and
BREMERTON METAL TRADES COUNCIL
Union
Case No. O-AR-704
ORDER DISMISSING EXCEPTIONS
This case is before the Authority on exceptions to the award of
Arbitrator Eaton Conant filed by Howard Jackson, the grievant, in the
above-entitled case. For the reasons set forth below, the exceptions
must be dismissed.
Section 2425.1(a) of the Authority's Rules and Regulations provides:
Either party to arbitration under the provisions of chapter 71 of
title 5 of the United States Code may file an exception to an
arbitrator's award rendered pursuant to the arbitration.
Section 2421.11 of the Rules and Regulations provides in pertinent
part:
"Party" means (a) any person . . . (4) who participated as a party
. . . (ii) in a matter where the award of an arbitrator was
issued. . . .
In this case, it appears that two parties, the Union and the
Activity, participated as "parties" in the subject arbitration
proceeding. Thus, it does not appear that Mr. Jackson, the grievant,
participated as a "party" in the proceeding before the arbitrator.
Consequently, the grievant is not entitled to file exceptions to the
arbitrator's award under section 2425.1(a) of the Authority's
Regulations.
Accordingly, and apart from other consideration, the grievant's
exceptions are hereby dismissed.
For the Authority.
Issued, Washington, D.C., March 26, 1984
Harold D. Kessler,
Director, Case Management